North Dakota Code § 40-36-13

Exchange or sale of refunding bonds
Open in Lexace · Ask the AI about this section
Refunding bonds may be sold or exchanged in installments at different times, or an entire 
issue or series may be sold or exchanged at one time. Any issue or series of refunding bonds 
may be exchanged in part or sold in part in installments at different times or at one time, and 
such bonds may be sold or exchanged at any time on, before, or after the maturity of any of the 
outstanding notes, bonds, certificates, or other obligations to be refinanced thereby. If the 
governing body shall determine to:
1. Exchange any refunding bonds, such bonds may be exchanged privately for, and in 
payment and discharge of, any of the outstanding notes, bonds, or other obligations of 
the municipality issued to finance or to aid in financing the acquisition, construction, 
improvement, or refinancing of an enterprise. The refunding bonds may be exchanged 
for a like or a greater principal amount of such notes, bonds, or other obligations of the 
municipality. The principal amount of the refunding bonds, however, may exceed the 
principal amount of outstanding notes, bonds, or other obligations for which they are 
exchanged only to the extent necessary or advisable, in the discretion of the governing 
body, to fund interest in arrears or about to become due. The holder or holders of such 
outstanding notes, bonds, or other obligations need not pay accrued interest on the 
refunding bonds to be delivered in exchange therefor if, and to the same extent that, 
interest is due or accrued and unpaid on such outstanding notes, bonds, or other 
obligations to be surrendered.
2. Sell any refunding bonds, such bonds shall be sold at not less than ninety -eight 
percent of par at public or private sale in such manner and upon such terms as the 
governing body shall deem for the best interests of the municipality.
3. Exchange or sell any refunding bonds more than six months in advance of the date on 
which the bonds being refunded mature or are redeemable in accordance with their 
terms to reduce the debt service costs, extend or adjust maturities in relation to the 
revenues pledged for payment of the bonds, permit the more advantageous sale of 

additional bonds, or any other purpose deemed necessary or desirable by the 
governing body, then the proceeds of the refunding bonds, including any premium and 
accrued interest, shall be deposited in escrow with a suitable bank or trust company, 
having its principal place of business within or without the state, and shall be invested 
in such amount and in securities maturing on such dates and bearing interest at such 
rates as shall be required to provide funds sufficient to pay when due the interest to 
accrue on each bond refunded to its maturity or, if it is prepayable and called for 
redemption, to an earlier prior date upon which it may be called for redemption, and to 
pay and redeem the principal amount of each such bond at maturity or, if prepayable 
and called for redemption, at the earlier redemption date, and any premium required 
for redemption on such date, or in the case of a crossover refunding, must be invested 
in securities irrevocably appropriated to the payment of principal and interest on the 
refunding bonds until the date the proceeds are applied to the payment or redemption 
of the bonds to be refunded. The governing body's resolution authorizing the refunding 
bonds shall irrevocably appropriate for these purposes the escrow fund and all 
investments thereof, which shall be held in safekeeping by the escrow agent, and all 
income therefrom, and may provide for the call for redemption of all prepayable bonds 
in accordance with their terms. The securities to be purchased with the escrow fund 
shall be limited to general obligations of the United States, securities whose principal 
and interest payments are guaranteed by the United States, and securities issued by 
the following United States government agencies: banks for cooperatives, federal 
home loan banks, federal intermediate credit banks, federal land banks, and the 
federal national mortgage association. Such securities shall be purchased 
simultaneously with the delivery of the refunding bonds. Moneys on hand in the sinking 
fund maintained for the payment of the outstanding bonds, and not immediately 
needed for the payment of interest or principal due, or other legally available funds of 
the municipality may likewise be deposited in the escrow fund and invested in the 
same manner as the proceeds of the new bonds, to the extent consistent with the 
provisions of resolutions authorizing the outstanding bonds.

‹ Prev All North Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.